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Editor, Times-Union:
At a Monday evening Plan Commission hearing regarding housing development in the city, I suggested a change in the Warsaw Zoning Ordinance regarding one of the standards for a variance. The city attorney said he would need to research, but ventured an opinion anyway.
For the record, a "use variance" requires as one standard an "unnecessary hardship". However, a variance from a developmental standard (height, distance, area) has two options in the law.
The current state law is found at Indiana Code 36-7-4-918.5 and says in pertinent part as follows-
Sec. 918.5. (a) A board of zoning appeals shall approve or deny variances from the development standards (such as height, bulk, or area) of the zoning ordinance. The board may impose reasonable conditions as a part of the board's approval. A variance may be approved under this section only upon a determination in writing that:
(3) the strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. However, the zoning ordinance may establish a stricter standard than the “practical difficulties” standard prescribed by this subdivision.
Perhaps the city attorney was confusing the two types of variances when opining on what he needed to research.
Clearly, the City Council has the option as stated in the statute to select the standard of "practical difficulties" and remove the stricter standard of "unnecessary hardship," which it has adopted.
Respectfully,
Richard K. Helm, Esq. (retired)
Warsaw, via email
